Theories of Corporate Personality - 4403 Words

Theories of Corporate Personality MANAS AGARWAL 5th Semester BA LL.B (B) School of Law Christ University Bangalore INDEX * Research Methodology * Introduction * The Common Law Perspectives * Fiction Theory * Concession Theory * The Purpose Theory * Bracket Theory * Realist Theory * Why Corporations? * Corporate Personality And Limited Liability Cases: * Macaura v. Northern Assurance Co. * Lee v. Lee’s Air Farming * Salomon v. Salomon amp; Co. ACKNOWLEDGEMENT I Manas Agarwal of B.A.LL.B (Hons.) is really grateful to Ms. Fincy V, without whose help and corporation this project would not have been possible. I am also grateful to the National Law School India University†¦show more content†¦W. Friedman stated that: â€Å"All law exists for the sake of liberty inherent in each individual; therefore the original concept of personality must coincide with the idea of man.† Even though there are many theories which attempted to explain the nature of corporate personality, none of them is said to be dominant. It is claimed that while each theory contains elements of truth, none can by itself sufficiently interpret the phenomenon of juristic person. Nonetheless, there are five principal theories, which are used to explain corporate personality, namely, the fiction theory, realist theory, the purpose theory, the bracket theory and the concession theory. Fiction Theory The fiction theory holds that corporations are simply legal fictions, created and sustained by an act of the state. They are endowed with corporate personality simply because this is a convenient form through which the natural persons behind the corporation may conduct their business. According to this theory, the legal personality of entities other than human beings is the result of a fiction. Hence, not being a human being, corporation cannot be a real person and cannot have any personality on its own. Originally, the outward form that corporate bodies are fictitious personality was directed at ecclesiastic bodies. The doctrine was used to explain that the ecclesiastic colleges or universities could not be excommunicated or be guilty of a delict as they have neither a bodyShow MoreRelatedLegal Personality And Limited Liability1576 Words   |  7 PagesIntroduction The doctrine of separate legal personality has been described as a double edge sword. This essay will argue that this is an apt analogy as separate legal personality while providing economic benefits and a shield of protection against liability for managers and shareholders it can also have harmful effects on other non-shareholder stakeholders such as creditors, involuntary creditors and employees. This essay will discuss separate legal personality and limited liability and the effects thatRead MoreTransformational Leadership As A Successful Manager1276 Words   |  6 Pagestrue (Judge Bono, 2000, p. 752). Transformational leadership should be something that is expected within the corporate industry, but mandatory in managing leadership. Rationale Chosen Theory Selection The chosen articles created a more realistic image of what is expected within the corporate world when attempting to intertwine personality traits and professionalism. The selected article Can a Successful Salesperson Become A Successful Manager, createRead MorePersonality Traits Within The Workplace1342 Words   |  6 PagesFive-factor trait theory As a professional many struggle with attempting to control the dominance of his/her personality trait, in fear that it may be damaging to one s current position. Personally, there has been several instances when an employee was ridiculed because he/she expressed personality traits within the workplace, opposite of what the employer personally desired. Within this paper, one will discuss how the connection of an individual personality trait can be beneficial, as well a productiveRead MoreThe Purpose Of Corporate Law1082 Words   |  5 PagesPurpose of Corporate Law to Restrict or Promote Corporate Activity? The corporation is an undeniably pervasive part of modern society that is identified by its corporate activity. Effective corporate activity entails a balance of ‘internal’ (e.g. policies and procedures) and ‘external’ (e.g. laws and social welfare) factors. This essay is based on the belief that the ultimate aim of a corporation is to engage in corporative activity that will have a positive impact on internal corporate and economicRead MoreHigh Involvement Product : Purchase After Dully Long And Careful Consideration1499 Words   |  6 Pagesa direction towards behaviour or what make a person want to repeat behaviour vice versa. It is characterise by a way to satisfy needs of an individual. Maslow`s hierarchy of needs talks about five stages of which an individual is motivated, the theories that sees human developmental as psychology stage of growth. An example will be water and food. Safety needs The area which sees individual needs relatively satisfied by the means of insurance, job contract, car alarm, health and well-being.it anRead MoreCompeting Models Of Corporate Governance1398 Words   |  6 Pages2.1 Corporate governance There are two main competing models in corporate governance. Stakeholder method Under the stakeholder model of corporate governance, firms owned and controlled by small number of major shareholders. This model of corporate governance often called as the relationship based method due to the close relationship maintained between companies and their major shareholders. This close relationship, little separation of ownership and control minimises the agency problem. HoweverRead MoreThe Value Of Personality And Values1199 Words   |  5 PagesPersonality and values†¦everyone has them. Each plays a crucial role that makes us unique and sets us apart from everyone else. Values are the foundation on which an individual’s personality sits. Values lie within a person’s core. It’s a belief system as to what is right, good, wrong, or bad, also known as ethics. Values have two attributes, content and intensity. Content defines the importance and intensity measures the importance and forms their value system. Values can be classified a littleRead MoreEssay on PCL-R: The Test of Success882 Words   |  4 Pagesout significantly plausible benefits. Psychopathy has long been labeled a personality disorder; a disorder believed to be serious enough of a threat to society to be treated using methods of sedation, incarceration, and climaxing at lobotomization. But could the worry have been that these psychopaths would just become too successful? The following analyzed documents support the hypothesis that psychopathic personality traits lead to success. A psychopath is one who tests above 30 on the PsychopathyRead MoreThe Doctrine Of The Separate Legal Entity1386 Words   |  6 Pagesenacted to make provision in relation to corporations and financial products and services, and for other purposes. A major implication of the act is the doctrine of the separate legal entity. Section 1.5.1 of the act outlines the separate legal entity theory, legislated as a company being distinct from its owners, managers, operators, employees and agents. Though, the doctrine of separate legal entity has been argued as a double edged sword. A ‘double edged sword’ is defined by Oxford as ‘a situationRead MoreThe Corporate Veil : Saloman And Beyond1269 Words   |  6 Pages1. Chapter One: The Corporate Veil – Saloman and Beyond 1.1 What is Limited Liability? In any business, there is a fundamental risk of loss or failure. Such failings are induced by a variety of reasons where an individual may not be at fault. As such, likely business men would be reluctant to launch new business ventures due to uncertain success or unpredictable markets. In such a scenario there lays the possibility of losing one s personal property to repay any debts that a failed business

Social Work Child Observation Report - 1545 Words

The Negotiation. Introduction. This work is aimed at describing the process of negotiating an agreement to carry out a child observation in a school. It will explain my role as a social work student in the process of negotiating observation agreement with the school. Some of the issues considered in my negotiation were confidentiality, ethical issues and values, consent, communication, legal issues, professionalism, skill, voluntary participation of participant, contingency plan and limitations. The name of the child observed in this work will not be included for data protection and confidentiality reason. This is supported by the (Data Protection Act, 1998, Healthcare Professionals Council, 2016, The British Association of Social†¦show more content†¦They argued that the use of written agreement set out task, boundaries, limitations and any future work. In addition, Person and Thomas (2010) argues that agreements promote trust, empathy, show limitation, set out clear boundaries and promotes mutual respo nsibilities. Similarly, Healy (2012) argues that social worker must be respectful, honest and transparent when working with a family. The second stage of the negotiation was to take the draft copy of the agreement letter to show my lecturer at the University for Approval. After the approval the agreement letter. The approved letter of agreement was now signed by myself, preschool manager and the child’s parent. This agreement shows that the preschool and parent of the child has granted me their consent to observe this child. The parents and their child were not coerced into participating in this observation to ensure voluntary participation and the parents and the child were free to change their mind at any stage of the observation. Reflection of the process of negotiation. Social workers need to develop a good observation skill for them to be able to do their work effectively because communication is one of the key tool which social work use (BASW, 2014, HCPC, 2016 and Healy, 2012). Therefore, having good observation skills is relevant in social work. Healy (2012) suggested that communication could be verbal and non-verbal methods of communication. Social worker make use both verbal and non-verbal method ofShow MoreRelatedChild Study1040 Words   |  5 Pagespermission What is a child study Why I am doing this child study What an observation is Important factors to consider when carrying out a child study Five areas of child development P.I.L.E.S Types of observations I used. Were the study took place. Child profile/description of the child. Child observation 1 – Physical narrative Child observation2 – language Flow chart Child observation 3- cognitive- Narritive. Child Observation 4 social -check list. Observation 5 language. OverallRead MoreIdentify and Respond to Children and Young People at Risk of Harm1159 Words   |  5 Pages1. List the observations that together indicate possible ‘risk of significant harm’ Risk of harm is the indication that the child may suffer physical, emotional, and psychological harm because of neglect by the parent or guardian responsible for his care. In Jamelle’s case, indication includes physical signs like; †¢ Various large bruises †¢ Smelling strong urine stale †¢ Dirty and unwashed skin †¢ Lack of fresh changing clothes †¢ Vomiting †¢ Bloodshot eyes †¢ Psychological l problems suchRead MoreEssay on Child Development Observation1013 Words   |  5 PagesIn this assignment I am going to describe a child observation that I have done in a nursery for twenty minutes in a play setting. I will explain the strengths and weaknesses of naturalistic observation through the key developmental milestones based in Mary Sheridan (2005) check-list and provide a theoretical explanation to support the naturalistic observation. First of all I would like to explain why the child observation is important for social workers. It is important because it focus on theRead MoreSupervising Professional Interview Form.767 Words   |  4 Pagesevaluation/intervention practices.  · What formal assessment tools do you use? The assessments that she used are teaching strategies Gold and Summary of Developmental Progress and Planning Report.  · What informal assessments do you use? Could you give some examples?  · She uses play-based assessment, observation, notes, verbal progression and daily shots notes book for the parent, toys, and sing. Are there assessment activities that I can do? Playing with children, using sign language, and interactingRead MoreEffects of Daycare on Children1301 Words   |  6 Pagesof a child’s life it’s crucial that the child gets the care and attention they need. For children to receive the best care and attention it’s best they stay home with their parents because it’s more influential on their development. However, in order to make a living parents need to re-enter the work force which then leaves them with the decision of which care would be best. This being said, most parents are left with the only option of sending their child to daycare. Being that the parents are leftRead MorePrimitive Speech Stages Of Children1596 Words   |  7 Pages1. Primitive speech stage Birth to 2 years – this is a period where the child will learn, imitate words, tries to name object, will begin to speak and emotionally react by crying or socially respond by laughing. 2. Naà ¯ve psychological stage 2 to 4 years – Words are used as symbol are fully understood to express the objects and will expand their knowledge to identify more objects around their environment. 3. Egocentric stage 4 to 7 years – Children will talk louder to be heard or seeking attentionRead MoreReport Intellectual Child Development for Children Age 9 to 11 Early Adolescence1685 Words   |  7 PagesReport Intellectual Child development of Children age 9 to 11 Early adolescence or â€Å"Are you smarter than 10 years old?† [pic] Mariela Zlateva Contents 1 Introduction 2 Background 3 Intellectual characteristics of children age 9-11 4. Observation 5. Conclusion 6. References 7. Glossary Read MoreThe Child Abuse1598 Words   |  7 Pagesfinally a variation in consequence. These three topics tie into the child abuse report article quite well. First variation over time is a big point I the child abuse case. There is a prime example of this when they mention the number of child abuse reports in 1963 were a mere 150k and in 1993 they had risen to around three million. Another example is that at one point only physicians who saw extreme cases were allowed to report the abuse while now days it’s a wide variety of people including physiciansRead MoreStudent Observation Report Essay1012 Words   |  5 Pages Confidential   The names in this Observation Report have been changed to protect the privacy of the parents and the child. Student’s Name : Calvin Sex : Male Place of Observation : Inside the classroom of County Preschool. Time of Observation : In the morning, 10.30 a.m. and it was a sunny day. General View : †¢ The classroom was pretty well organized ( clean, tidy and many facilities inside such as books, games, a computer and so on ) †¢ It was a pretty large group in theRead MoreBusiness Research1332 Words   |  6 Pagesthose of observations. Under which circumstance could you make a case for using observation? The advantages are when observation is implemented, the five senses are also implemented. Data collection occurs by touching a product, smelling a product, reading a product, listening to a product, and in some cases tasting a product as well. Observation is the only method available to gather information from the study, records, mechanical processes, and young children. Through observation, the data

Cultural Dimensions in Management and Planning †MyAssignmenthelp

Question: Discuss about the Cultural Dimensions in Management and Planning. Answer: Introduction: The following report is going to illustrate and comment on the news story pertaining to the decision taken by Uber Australia and its unfair job cut to the drivers. it has been noticed that the drivers in Uber are not considered to be their employees and they are hardly regarded as the valuable internal stakeholders of the organization. These unfair dismissals have raised controversies in the global business plinth. According to the news story published in the Business Insider, the contractor relationship has been worsened by the company in deliberate manner. This has raised questions pertaining to the longevity of the career in Uber by innumerable drivers. This is how they have knocked the door of Fair Work Commission thus talking about their professional rights. The report is thus going to address and identify the issues related to international human resource practices thus focusing on the basic structure of the entire case that was highly effective for its different understanding of the cases in relation to cross cultural and multidimensional human resource issues (Hofstede,1984). In this case this has been taken into certain consideration pertaining to the effective understanding of the cases that has been taken into serious concern with specific reference to the selected news story. It has been found that Uber, an international private hire company headquartered in the United States of America has been popping up in the headlines due to its unfair business relations with the employees- to be specific, the drivers. In this context, it has been taken into certain consideration pertaining to the effective understanding of how the business process of the company is driven through the utter success. According to the news article published in the Business Insider, dated June 30, 2017, several drivers in collaboration with Rideshare Drivers Association have filed a case related to Unfair Dismissal against Uber Australia. the main issue and agitation among the drivers is that the company does not classify the drivers as the employees. In this context, the relationship between the employees and the employer is seen to be at stake. As a matter of fact, this has been taken into certain consideration pertaining to the acceptance of the greater number of the drivers who have been a significant part of the rideshare giant. In this context, it can be stated that in most of the cases the basic understanding of the process pertaining to the entire criteria of the issues have been taken into certain consideration because of thorough negligence towards the drivers by the company. As a matter of fact, this has to be studied through the effective understanding of the process where the business effect is highly channelized by core human resource management process. The term driver-partners undoubtedly rejects the drivers to be accepted as employees of the company. Hence the drivers feel extremely insecure that they are not going to be handled seriously as the employees of an organization are regarded. On top of that Uber, according Business Insider, has not even responded and reacted to the case that has been filed against them. Thus it becomes evident that the company accepts the fact that the drivers are not the employees. Considering the human resource acceptance of any company a logical consideration is going to be developed with the help of international human resource practices and its related theoretical approaches (Sparrow, Brewster Chung, 2016). Problem Statement: At the basic of the human resource management practices, the security issues of the employees becomes the most important concern for each and every working individual and the organization (Baum, 2016). Rudimentarily, the monetary benefits and organization dignity is going to be the most important factor for the retention of the most of the employees. So far the concept of employee retention is concerned; in international business, there are different understandings of the process. It actually varies from the cultural concept. Two different theories have been incorporated while discussing the aforementioned problem. Moreover, the identification of the problem has also focus on the basic changes pertaining to the basic understanding of the process. Two of the most important theories have been taken into account for the further illustration and analysis of the issues. These are: Hofstedes Theory of Cultural Dimension Trompenaars Theory of National Cultural Differences Hofstedes Cultural Dimension: According to the cultural dimension model propelled by Hofstede, an effective difference in the mode of communication would be quite impactful in determining the human resource management practices for international business. he has talked About sex different dimensions. These are: Power Distance Index (PDI) Individualism vs Collectivism (IDV) Uncertainty Avoidance Index (UAI) Masculinity vs Femininity (MAS) Long Term orientation vs Short Term Orientation (LTO) Indulgence vs Restraints (IND) It has been identified through detailed study that in Australia, most of the taxi drivers are from India and Bangladesh. According an article of NEWS.COM, the Indian born taxi drivers have almost outnumbered the native Australian workers. Hence, the process of addressing is stringently the native Indian or Bangladeshi style. According to ABS Census report more than 4000 drivers are Indian-born. This number is effectively concentrated in South Australia and Victoria. Hence, it can be stated that the drivers working under Uber are mostly Indians. In this case, the cultural dimension has different conception in relation with an American company such as Uber. Uber being an American company has been doing business in different countries with its native mindset. This has been the major setback for the company because it has actually failed to understand the mindset of the Indian born drivers in Australian scenario. In this context, this has been taken into certain consideration pertaining to the fact that the basic changes in the mode of the differentiation of the process has been kept within the organizational perspectives. The Indians are much more family oriented than the Australian born individuals. Hence, it becomes important for the companies to become responsible for the security issues of the employees. In this case, UAI or Uncertainty Avoidance Index of Hofstedes cultural dimension is going to be taken into consideration. Since USA is stringently individual in sense, there has been a thorough problem for considering collective workforce. Analysis through Trompennaars Model: Trompenaar has focused on the national cultural differences as an impacting force upon the human resource management decisions. While illustrating the issues associated with the Uber drivers in Australia, the concept of universalism and particularism has been taken into account (Ferraro Briody, 2017). The national culture in Australia is specifically different from that of the United States. In this specific case, there is an intra-national difference associated with the labor market structure. Since the drivers are mostly Asian in culture, they somehow take more time to cope-up with the Australian culture. However, in order to take the drivers mentality into the US procedure, Uber has actually problematically dealt with the issues. Since most of the Uber drivers in Australia are Asian, they look forward to the job as their career. It needs to be taken into account that the Asians, in terms of job responsibility are highly and stringently associated with their family. Their family values are prioritized and they are extremely responsive to their family orientations. In this case, the drivers and their families are highly dependent upon the work they do with the organization. Here comes the conflict of individualism with collectivism. In this context, it can be stated that the basic concept regarding the factor has been taken into certain understanding of the factor that was highly comparative for the basic changes in the global issues. Conclusion: It is to be noted that the Uber drivers in the United Kingdom are now considered as the employees of the company (Osborne, 2017). They are no more self-employed. The self-employed Uber drivers are actually deprived of holiday pay, pensions and the other workers rights. There has been a huge lacuna of communication between the management and the independent drivers or to be specific, independent contractors. In terms of international consideration of the drivers, some of the national courts have agreed to the fact and some of the courts have opted not to support the company in legitimate manner because the drivers, being tagged as independent do not receive security assurance. This is the major setback for the company because it has actually failed to understand the mindset of the Indian born drivers in Australian scenario. In this context, this has been taken into certain consideration pertaining to the fact that the basic changes in the mode of the differentiation of the process has been kept within the organizational perspectives. The Indians are much more family oriented than the Australian born individuals. Hence, it becomes important for the companies to become responsible for the security issues of the employees. It can thus be concluded that the company needs to focus on workforce diversities where there are different people working in various countries. The index needs to b e identified and it has to be taken into certain consideration pertaining to the effective work culture. Reference: Baum, T. (Ed.). (2016).Human resource issues in international tourism. Elsevier. Budhwar, P. S., Debrah, Y. A. (Eds.). (2013).Human resource management in developing countries. Routledge. Ferraro, G. P., Briody, E. K. (2017).The cultural dimension of global business. Taylor Francis. Hofstede, G. (1984). Cultural dimensions in management and planning.Asia Pacific journal of management,1(2), 81-99. Osborne, H. (2017).Uber loses right to classify UK drivers as self-employed.the Guardian. Retrieved 5 October 2017, from https://www.theguardian.com/technology/2016/oct/28/uber-uk-tribunal-self-employed-status Snell, S. A., Morris, S., Bohlander, G. W. (2015).Managing human resources. Nelson Education. Sparrow, P., Brewster, C., Chung, C. (2016).Globalizing human resource management. Routledge.

innovation technology Essays - Group Processes, Social Psychology

The importance of peer relationship on development is that the life of children peer influence and friendship becomes different as he or she become more mature. In addition, children that lack the skills to structure a close or fulfillment relationship with his or her peers should be a concern to parents as well as teachers. On the other hand, these children lack opportunities to learn social skills which are of great significance or value in every part of their lives. Especially critical are the skills require to cause a process or action to begin and keep social relationship as well as settle social conflict, compromise, and tact Asher (1982). In other words, children that lack a continuous peer emotional or personal association with someone will miss the opportunity to construct a sense of social self-confidence. Likewise, these children have created no faith within his or her own talent that enables him or her to achieve success. In addition, these children are easily defeated by the ups and down of social interaction. The future implication of these children social and profession adjustment are predictable and lacking in subtle. In addition, social development is enhanced because a child learns to conform to established social standards outside of his or her home setting. The expectations of the larger society are reinforced. To become autonomous the child must also learn to achieve independence from the family, especially parents. Making and keeping friends are essential to children?s positive social development, so important that children without friends by the primary years are considered at risk for overall school success Bullock(1993). What Parents need to know about Peer Relationship ?Peer Relationship in early years oCentered around school-age children oDislike and negative perceived ?Determinants and consequences of early peer difficulties oPhysical attribute oSpeech problems ?Shyness oIdentifying these behaviors early and assessing whether or not they lead to later difficulties may help in preventing peer relation problems later on Bissonnette, Catherine Micahel (2006). Starting Out Early: What Parents Need to Know About Peer Rlationship retrieved on September 10, 2011 from http.www. education .com How Can Parents Help Help children recognize his or her own needs Increase children awareness of his or her social goals and the goals of others. Help children develop effective social skills teach children to recognize others? emotions and intentions reflect with children on how his or her behavior effects others by pointing out what is predictable on his or her interactions highlight children success by helping them learn to monitor his or her behavior avoid telling children who his or her friends are There are various types of software available that will decrease the time on computer for internet sites most visited (chat room included). For this reason, there are many young females and males that are lured away form home because of chat room.. References: Asher, S. R., P. D. Renshaw, and S. Hymel. "Peer Relations and the Development of Social Skills." In THE YOUNG CHILD: REVIEWS OF RESEARCH. VOLUME 3, edited by S. G. Moore and C. R. Cooper. Washington, D.C.: National Association for the Education of Young Children, 1982. Retrieved on September 9, 2011 from http// www.ericdigests.org/pre-923/peer.htm Bissonnette, Catherine Micahel (2006). Starting Out Early: What Parents Needto Know About Peer Relationship retrieved on September 10, 2011 from http.www. education .com